In Pakistani law, both criminal revisions and criminal appeals are mechanisms for challenging a decision of a lower court, but they differ significantly in their scope, procedure, and the powers of the appellate court. Understanding these differences is crucial for navigating the legal system effectively.
Criminal Appeal
A criminal appeal is a statutory right granted to a party who is aggrieved by the decision of a lower court. It allows for a comprehensive review of the lower court’s decision on both questions of law and questions of fact.
Types of Criminal Appeals:
- Appeal against conviction – Section 410 Cr.P.C.
- Appeal against acquittal – Section 417 Cr.P.C.
- Appeal by State – Section 417(2A) Cr.P.C.
- Appeal for enhancement of sentence – Section 377 Cr.P.C.
Grounds for Appeal
An appeal can be filed on various grounds, including:
- Errors in law
- Errors in fact
- Improper admission or rejection of evidence
- Severity or inadequacy of the sentence
Procedure for Filing an Appeal
- Filing the Appeal: The appeal must be filed within a specified period, as outlined in The Limitation Act, 1908 and relevant statutes. For instance, The_Torture_and_Custodial_Death_Prevention_and_Punishment_Act_2022, Section 12, requires that an appeal against a conviction or acquittal of an offence under this Act shall be presented before the respective High Court within thirty days.
- CODE OF CRIMINAL PROCEDURE (ACT V OF 1898), Section 419 states that every appeal shall be made in the form of petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.
- Competency of Complainant: It is crucial to verify that the complainant or appellant is competent to file the appela, as seen in Muhammad Tanvir Khan Kundi and 4 others v. Ashraf Khan and 3 others, 2014 MLD 1645, the court held that a private individual cannot lodge an FIR for an offense under section 188 P.P.C. without compliance with section 195 Cr.P.C., which requires a complaint in writing by a public servant.
- Notice of Appeal: The appellate court must provide notice to the appellant or his pleader of the time and place at which such appeal will be heard, as specified under CODE OF CRIMINAL PROCEDURE (ACT V OF 1898), Section 422.
- Powers of the Appellate Court:
- According to Code of Criminal Procedure (ACT V OF 1898), Section 423, an appellate court has the power to dismiss the appeal if it considers that there is no sufficient ground for interfering, or may in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be tried or sent for trial to the Court of Session or High Court as the case may be, or find him guilty and pass sentence on him according to law.
Relevant Case Laws on Criminal Appeal
- SAIDULLLAH AND 6 OTHERS Versus REHMAT ALI AND ANOTHER, 1981 SCMR 563, the court addressed the argument regarding the heading of the complaint, stating that the court seized of the matter could still ask the complainant to amend the complaint to reflect the court in which it was actually presented. The court also addressed the petitioner’s apprehension about potential prejudice from High Court observations, clarifying that those observations were context-dependent and not binding on the trial court.
Circumstances for Filing an Appeal
An appeal is typically filed in the following situations:
- Conviction: If an accused person is convicted by a trial court, they have the right to appeal to a higher court to challenge the conviction and/or sentence.
- Acquittal: In some cases, the prosecution or a complainant may appeal against an order of acquittal if they believe the trial court erred in its decision.
- Inadequate Sentence: Both the accused and the prosecution may appeal if they believe the sentence imposed by the trial court is either too lenient or too severe, respectively.
Criminal Revision
A criminal revision, on the other hand, is not a statutory right but an extraordinary jurisdiction vested in the High Court or the Sessions Court to correct any miscarriage of justice arising from a decision of a lower court. It is invoked when there is no other adequate remedy available.
Grounds for Revision
A revision can be filed on the following grounds:
- Illegality or impropriety of the proceedings
- Incorrectness of the findings
- Irregularity in the proceedings
When is Revision Maintained?
- When no appeal lies against the order
- When there is jurisdictional error
- When a gross miscarriage of justice occurs
- When there’s an illegality or irregularity in proceedings
Procedure for Filing a Revision
- Application to the High Court/Sessions Court: An application for revision is filed in the High Court or the Sessions Court, depending on the specific provisions of the law.
- Examination of the Record: The High Court may call for the record of any proceeding to satisfy itself as to the correctness, legality, or propriety of any finding, sentence, or order. Code_of_Criminal_Procedure_Act_V_of_1898, Section 439 states that In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court, may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Sections 423, 426, 427 and 428 or on a Court by Section 338, and may enhance the sentence.
- Opportunity of Being Heard: No order can be made to the prejudice of the accused unless they have had an opportunity of being heard either personally or by a pleader in their defense.
- The High Court is empowered by the law to revisethe case by exercising the power conferred on it by Section 423 of the Criminal Procedure Code.
Relevant Case Laws on Criminal Revision
- SANJAR AND 2 OTHERS-Appellants Versus THE STATE AND 2 OTHERS-Respondents, 1968 PCRLJ 587, the court reversed the finding of conviction against the four appellants and ordered their retrial from the stage of writing the judgment. The judge noted that the evidence of two prosecution witnesses had been improperly used against the appellants and that there should have been two separate judgments.
- Mst. NAGHMA IMRAN Versus The STATE and 6 others, PLD 2020 Sindh 717, reinforced that a revision application against the order of a Magistrate should first be filed with the Sessions Judge, to whom the Magistrate is an inferior court.
- KAUSER PERVEEN versus THE STATE, 1987PCRLJ691(1), the court dismissed the revision petition, holding that the application for withdrawal was not competently filed as it should have been submitted to the Public Prosecutor according to Section 494 Cr.P.C.
- Nek Muhammad v. The State, 1999 YLR 132, reinforces the limitations on revision petitions against acquittal orders when an appeal is the appropriate remedy.
- Nasir Khan and another Versus The State, 1991 PCr.LJ 19, judgment reinforces the principle that a revision application is not maintainable if an appeal remedy is available. *The State v. Zahid Ali, (2007 SCMR 1017), emhasized that courts should look at the substance of a case rather than dismissing it on technicalities, especially when the correct legal remedy is evident and the petition was filed within the allowed time frame.
- In Daulat versus Mohabbat and 6 others, (PLD 1992 Lahore 167), The court noted that the complainant’s request was in line with the principles of Shariah, which, according to Section 3 of the Enforcement of Shariah Act, 1991, is the supreme law of Pakistan.
Powers of the Revisional Court
The revisional court has wide powers to ensure that justice is done. It can:
- Confirm, modify, or reverse the findings and sentence/order of the lower court
- Order further inquiry or retrial
- Enhance the sentence, provided that the accused has been given an opportunity of being heard
Circumstances for Filing a Revision
A revision is typically filed in the following circumstances:
- No Appeal Available: When no appeal is available, the aggrieved party may file a revision to challenge the decision of the lower court.
- Gross Irregularity: If there has been a gross irregularity or illegality in the proceedings of the lower court, a revision may be filed to correct the error.
- Miscarriage of Justice: When the decision of the lower court has resulted in a miscarriage of justice, a revision may be filed to ensure that justice is done.
Conclusion
Understanding the difference between Criminal Appeal and Criminal Revision is essential for effective legal action. While an appeal allows complete reconsideration, a revision focuses on ensuring legality and jurisdiction in court decisions. Knowing when and how to use these remedies can make or break a criminal case.
If you are unsure about which remedy applies in your case, consult an experienced criminal lawyer or seek advice through platforms like Bahaq.com for legal support.